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HomeMy WebLinkAbout2000 05 08 Consent C Unapproved Minutes From April 24, 2000 Regular Meeting COMMISSION AGENDA ITEM C Consent X Informational Public Hearings Regular May 8. 2000 Regular Meeting Mgr. / Dept. Authorization CONSENT C. Office Of The City Clerk Approval Of The Minutes Of The Regular Meeting Of April 24, 2000. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING APRIL 24, 2000 I. CALL TO ORDER The Regular Meeting of April 24, 2000 of the City Commission was called to order by Mayor Paul P. Partyka at 7:50 p,m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). A moment of silent prayer was followed by the Pledge of Allegiance, ROLL CALL: Mayor Paul P. Partyka, present Deputy Mayor Cindy Gennell, present Commissioner Robert S. Miller, absent Commissioner Michael S, Blake, present Commissioner Edward Martinez, Jr., present Commissioner David W. McLeod, present City Manager Ronald W. McLemore, absent Public WorkslUtility Department Director, Kipton D, Lockcuff, P,E, present City Attorney Anthony A. Garganese, present Agenda Changes: Mayor Partyka stated that the Commission would hear Regular Agenda Item "C;" prior to the "Public Hearings" section; and Public Hearings Agenda Item "D" would be heard ahead of Public Hearings Agenda Item "c." Presentations None, Mayor Partyka thanked the Staff of the Parks and Recreation Department, and especially Mr, Chuck Pula, Parks and Recreation Department Director for all the work done in terms of the Grand Opening of Trotwood Park. II. PUBLIC INPUT Ms, Joanne Krebs, 1002 Taproot Drive, Winter ~frings, Florida: spoke regarding Commissioner Martinez's "Response to the April 1St article 'Mayor Heaps Scorn'" and felt that "safety, health, and welfare" of our citizens was important, in terms of late-night meetings, Ms, Krebs also showed a sample of "wooded carpet," some photographs of some of the equipment at Trotwood Park, and spoke of a Memorandum from former CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRlL 24,2000 Page 2 of 16 Parks and Recreation Director, Mr. Brook Seall which addressed "physically challenged" park equipment. Ms. Krebs suggested that we go beyond the standards, and stated, "Please look into it, and get back to me." Mayor Partyka asked Mr, Lockcuffto look into this matter, Mr, Adam Groover, 427 South Hawthorne Circle, Winter Springs, Florida: discussed his concern with the Code which addresses boats in a personal driveway; values to the property; the current Code; and a property appraisal related to his property. Ms, Jimette Cook, Code Enforcement Officer discussed this Ordinance; boats being visible; and his current compliance with the Code. Discussion. Mayor Partyka thanked Mr. Groover for coming into compliance, and suggested a few ideas that Mr. Groover may wish to consider, Mr, Tony Tizio, 809 Osceola Trail, Casselberry, Florida: also addressed the park equipment not being what was previously suggested; that the mulch is too loose and does not work; and Mr. Tizio offered to help the new Parks Director with this project. III. CONSENT A. Finance Department Requests The City Commission Adopt The Fiscal Year 2000/2001 Budget Calendar. B. City Clerk's Office Approval Of The Minutes Of The Regular Meeting Of April 10, 2000. Mayor Partyka said, "We're looking for the Motion to approve" the Consent Agenda, "SO MOYED." MOTION AND SECOND. DISCUSSION. YOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTYMAYORGENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. IV. INFORMATIONAL None. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 3 of 16 .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE HEARD IN THE ORDER AS DOCUMENTED. .:..:. VI. REGULAR C. Community Development Department - Land Development Division Presents To The Commission For Their Direction To Staff On The Request Of Children's World Learning Centers To Amend The Existing Tuscawilla Tract 15 Parcell-C Developer's Agreement. Mr, Don LeBlanc, Land Development Coordinator introduced this topic and spoke of this as an alternative to office space. Mr. LeBlanc added that "Mr. Lee Jenson, and the Howell Creek Homeowners Association met and they felt that this was an attractive alternative to office space - and with only one stipulation - 'if this were allowed that a statement be put in the agreement that if Children's World were to leave that, the parcel would revert back to office space, or another learning center;' and this was done through Florida Statutes 163, and we would have to have two public hearings." Mr. LeBlanc then stated, "But the direction we're looking for from the Commission at this time is to either proceed with an amendment to the document which would allow this or to remain status quo, and do nothing," Discussion ensued on related parking; buffers; the developer's agreement; and what the direction of the Commission was. Mr, Lee Jenson, 134 Nandina Terrace, Winter Springs, Florida: spoke as the President of the Howell Creek Reserve Homeowners Association, and thought that "This looked pretty favorable of a use of the property," and requested that if other owners took over, that this remain a professional building or a daycare, Further discussion ensued on the direction of the Commission; special use; related engineering; traffic study; and "level of service," Mr, Jay Clay, 144 Peregrine Court, Winter Springs, Florida: asked for clarification of the number of cars expected to be there, Commissioner Blake left the dais at 8:21 p,m, Further discussion ensued on the number of cars that could be parked at this site; revising the agreement; what the future use of this property might be; size of the property; the building as represented in Ohio; and whether there was another in Orlando. Commissioner Blake returned to the dais at 8:24 p.m, Attorney Garganese left the dais at 8:25 p,m, CITY OF WINTER SPRlNGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24,2000 Page 4 of 16 Members of the Commission discussed that this plan does not reflect "Florida design;" parking for 40 cars "or so;" and parking in coordination with our State Road 434 Corridor Plan. Attorney Garganese returned to the dais at 8:26 p,m, Deputy Mayor Gennell stated, "I don't have any objection to changing it, in accordance with - what was in the Agenda packet - the suggestion that it revert back to office or another childcare facility; 1 don't have any objection to changing the agreement based on that. " "I'LL MAKE A MOTION THAT WE MOVE THIS TO A PUBLIC HEARING AND INCLUDE IN THIS AGREEMENT, THE INSTANCES LISTED ON THE LETTER, THAT IF THIS EVER REVERTS BACK FROM WHAT IT'S SUPPOSED TO BE, IT WILL GO BACK TO AN OFFICE USE ONLY, OR ANOTHER CHILDHOOD CENTER." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. VI. REGULAR A. City Manager Requests The Commission Approve An Agreement Between Schrimsher Properties And The City Of Winter Springs Relative To Adoption Of The Town Center Code. Commissioner Blake confirmed that everyone was looking at the same draft, and asked Attorney Garganese to comment on the status of whether the Agreement has incorporated "Everything that the Commission has agreed to." Attorney Garganese said, "Yes, that's correct. But, as Deputy Mayor Gennell brought forth during the Workshop, there is that one issue regarding the small neighborhood parks - perhaps the Commission was under the impression that the acreage did not include the right-of-way." Attorney Garganese added, "Probably for the last couple of months, we've been working off a previous exhibit that did show the right-of-way was in the small neighborhood parks, and that was the acreage that was calculated by staff." Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 5 of [6 Discussion ensued on the "right-of-way" issue, as shown on page 6 of the agreement, beginning with the sentence "Any relocated Small Neighborhood Square..." Discussion followed regarding the functioning of such parks and related right-of-ways. Mr. Michael Schrimsher, 600 East Colonial Drive, Orlando, Florida: said, "The exhibit is pretty clear, I think. In Park Number One, has - includes right-of-way along one side, because the other two roads were part of the basic grid system. Park Number Two includes it on all four sides; Park Number Three had it on one side; Park Number Four had it one three sides; Park Number Five had it on two sides - it's just - these parks in order to function as designed, and as drawn by Victor have access around the sides, so that - around all sides so that buildings can front on the developable lots that are opposite them, in all directions. Lake Trail Park is defined differently and drawn differently _ doesn't include the right-of-way for the Trail or the road. Magnolia Park is drawn and designed differently and does not include the right-of-way, on either side of it. So, I mean, I think the drawing has been consistent and clear from the beginning, as drawn by Victor, and as calculated by your Staff." "Mr. Schrimsher then clarified that "The drawing was drawn by Victor Dover to create the base map that your staff, the City Engineer, and Consulting Engineer, Terry Zaudtke worked from and the drawings are drawn to scale." Discussion. Commissioner Blake stated that based on the text as shown on page 7, "My concern here is that we do charge connection fees to everybody in the City." Commissioner Blake then said, "Are we allowed to charge the normal connection charges that we charge everybody in the City, within this development?" Commissioner Blake then said, "In other words, my recollection of the discussion was that we agreed not to charge, an additional surcharge, connection charge, to recover the costs of the infrastructure, for that specific build-out; but to charge - to treat everybody the same, in the City; and I'm not sure that this says that." Mr. Micky Grindstaff 20 North Orange Avenue, Suite 1001, Orlando, Florida: agreed with Commissioner Blake's comments. Commissioner Blake suggested that similar language be inserted, such as, "That connection charges will be billed at the standard rate as all other like developments in the City." Attorney Garganese was asked if this should be re-worded, and said that we could go back and review this. Mr. Lockcuff addressed the issue of "capacity." Mayor Partyka added, "Think of it as capacity, it's not connection." Discussion then ensued on trash facilities; walls; and residential use. Tape [/Side 8 CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 6 of 16 Mr. Charles Carrington, AICP, Community Development Director referenced page 9, and stated, "The whole idea in the downtown area, is to have mixed uses, and a variety of mixed uses." Mr. Carrington added, "Recognizing that there may be a need, and unidentified need, sometime - sometime, for some kind of a separation wall, if that opportunity exists, and it exists in their agreement; and it also exists in the wall Ordinance, as proposed before you tonight." Further discussion followed regarding that the "DRC is the review and approval authority within the Town Center;" if walls are allowed, but not required; and limited circumstances. Attorney Garganese stated, "This is a policy decision for the Commission to make, and we have to make sure the agreement and the Ordinance - the proposed Ordinance reflects that policy decision. If it is your intentions to have a wall within the Town Center, for certain types of circumstances, then we need to define those circumstances and make sure that the Code reflects that a wall is required, like under that circumstance that you just mentioned; therefore it is a mandatory requirement, and that would give 'DRC' the authority to compel the wall being constructed - to provide the appropriate buffer." Attorney Garganese then said, "The way that the proposed Ordinance that's coming up for second reading and is drafted, is that a wall is required all the time, unless a special exception is granted. That's another approach - that you make it required, and then you're going to have to look at special exceptions, probably very frequently. You can cut down on the frequency on those special exceptions if you just enumerate those limited circumstances where a wall would be appropriate." Discussion. Commissioner Blake said, "What my recommendation would be would be to - Mr. Schrimsher and Mr. Grindstaff - would be to change the language in the Wall Ordinance, to read basically this - 'for that area in the Town Center, but have in there, a specific requirement for a wall around these certain types of . . . '" Mr. Grindstaff added, "Limited circumstances pertaining to docks, servIce areas, and trash bins." Commissioner Blake said, "Yes, Sir." Discussion ensued on possibly using the Wall Ordinance "for control." Mr. Schrimsher added, "I did think what Charles said was true, and what you said was true - and 1 think this Code right now gives DRC the - I think - the right to oppose a wall during the review process; but what you said is right, which is - we've got an agreement saying we don't have to have one. So, my original comment, I should amend, and say, 1 guess the way to fix it - is to 'fix it' in our agreement." Mr. Grindstaff suggested, "Why don't we take the language we had, that says None is required, it's permitted, but not required - but put a requirement in there that one shall be required - by DRC, and those limited circumstances." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 7 of 16 Commissioner Blake said that he would be satisfied with that. Mayor Partyka then asked, "Is that one way of correcting this issue - giving the power basically to DRC?" Attorney Garganese stated, "One way to correct it - yes, is to change the Wall Ordinance to reflect those limited circumstances, and have this Schrimsher agreement reflect the proposed wall Ordinance, so that those two are consistent." Discussion. Mr. Grindstaff added, "That Commissioner Blake suggested some sort of blockage and a wall or fence, and we're willing to live with that - those limited circumstances. But, other than that, those walls ought to be permitted, but not required." The consensus of the Commission was that they were in agreement with this. Mayor Partyka said, "Okay. That's an agreement. Can you change the words or whatever is appropriate for that?" Commissioner Blake added, "And we will amend this agreement - Section 12, and we'll change the wall Ordinance as it pertains to the Town Center region, to reflect what it says here; basically - this and the code." Regarding the issue of signage, discussion covered "for sale" signs; size requirements; sizes of signs permitted in the New Development area; what was addressed in the Town Center Code; Code Enforcement; and real estate signs. Discussion. The consensus of the Commission was that they were in agreement with, as Mayor Partyka stated, "That we do whatever is normal and beneficial for this community, in term of marketing signs, etc." Commissioner Blake left the dais at 9: 14 p. m. Brief discussion followed regarding the Town Center District Code, and related ill ustrati ons. Commissioner Blake returned at 9: 15 p.m. Attorney Garganese clarified, "What is reflected in Exhibit 'A,' is agreed upon; everything else in the Town Center District Code is for illustrative purposes, only. That language comes exactly out of your Town Center District Code." Mr. Grindstaff then spoke of a couple of their concerns, and stated, "With the revisions, some of the drawings on page 11 of the Code - aren't accurate. For example, Cross Seminole Trail street. It used to have the Trail in the middle of it, which was the thirty- foot wide Trail, or - feet, or whatever it was - right though the middle of it, is no longer there. Some of these drawings are wrong, and what we were going to suggest is that these exhibits to this agreement, particularly, new page 11 and the ripple effect that some of those changes would have throughout the Code - be cleaned up, between now and two (2) weeks from now - just clean them up. And with regards to the text of the agreement, 1 think we are there, except for what we had - the amendment - we talked about that. Let's start with a good clean fresh page 11 and the results in Exhibits." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24,2000 Page 8 of 16 Attorney Garganese stated, "My recommendation is that - the City Commission adopt the Comprehensive Plan Amendment for the Town Center tonight. I would concur - we did talk about cleaning up the Town Center District Code to reflect what you're agreeing with Schrimsher to do. And that would require Victor Dover to make a few minor amendments to page eleven (11) and some of the other pages; then bring back the cleaned up Code for approval at your next meeting. And, then that would be totally consistent with what you're agreeing with Mr. Schrimsher on." Mr. Grindstaff then spoke of Item "J" on page three (3) of this agreement, "We talked about the Schrimsher property - that portion ends at the Town Center, then - that's on schedule "B-1." Then there is schedule "B-2," which is the property that's clearly not in the Town Center. You might be able to simplify that and we could show you on a drawing - on the overhead, I guess is the only way to do it. This has no bearing with what you're thinking in the Town Center. Except that it goes over too far on 434 - it depicts a property that is outside of all of your drawings." Deputy Mayor Gennell added, "But you have it in your agreement already?" Mr. Grindstaff added, "But no one has seen the Exhibit. That Exhibit is not ready. Now, if you wanted to allow us, during that two week period, to nail down that Exhibit, that's another thing that needs to be cleaned up." Mayor Partyka clarified that "All Exhibits should be finalized and everything should be consistent. " Mr. Schrimsher further explained, "We own a little piece of property at the curve, of about three and one half acres, and where this line currently is drawn - catches about half an acre of it; so we're left with a - it's a technical point, 1 suppose, but it leaves with a piece of property that half - you know, it's got its toe in the Town Center, in a way that's unrelated to everything going on, in the Town Center." Discussion ensued on applying the Code to this area; and the natural boundary. Mayor Partyka then stated, "I think we understand what you are trying to say. Commissioners- from a practical standpoint, it's cleaning up a piece, does it make sense?" The consensus ofthe Commission was to "Clean it up." "I WOULD MOVE TO APPROVE THE AGREEMENT BETWEEN SCHRIMSHER PROPERTIES AND THE CITY. OF WINTER SPRINGS, RELATIVE TO ADOPTION OF THE TOWN CENTER CODE, SUBJECT TO THE CLARIFICATIONS AND TECHNICAL CORRECTIONS AND THE SUBMISSION OF THE FINAL WRITTEN DOCUMENT, TWO WEEKS FROM TONIGHT." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 9 of 16 VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. V. PUBLIC HEARINGS A. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adopt Ordinance 2000-09 Relating To The Large Scale Comprehensive Plan Amendment (LG-CPA-4-99) That Would Change The Future Land Use Element Of The Comprehensive Plan By Replacing Existing Policy 2)a., b. Under Objective B Of Goal 3 With New Language (As Policy 2) Which Would Identify The Land Use Categories In Which Public Schools Are An Allowable Use And Provide School Siting Criteria. Attorney Garganese read Ordinance Number 2000-09 by "Title" only, and mentioned some duplication of text in the "Title." Mayor Partyka opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD MAKE A MOTION TO APPROVE." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24,2000 Page 10 of 16 B. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2000-10 Adopt The Large Scale Comprehensive Plan Amendment (LG-CPA-1-99) That Would Create A Future Land Use Map Designation "Town Center" And Add Goal, Objectives, And Policies To The Text Of The Land Use Element Of The City's Comprehensive Plan (Volume 2 Of 2). Attorney Garganese read Ordinance Number 2000-10 by "Title" only. Attorney Garganese stated, "Mayor, just one point, we just discussed the Town Center boundary. That would have to be amended to exclude that half acre or so, of the Schrimsher property, along the Eastern boundary." Mayor Partyka stated, "Mr. Grimms, what do you have to do to make that correction?" Mr. Tom Grimms, AICP, Comprehensive Planing Coordinator stated, "I would re-draw the map." Attorney Garganese stated, "Point of Order. I would feel more comfortable, if by Motion, the City Commission would adopt into the record, (I don't believe you have) a couple of documents - it was in your package; it's the 'Commercial Planning Study' that was prepared by Gibbs Planning Group, Inc.; and the 'Town Center Master Plan' that was prepared by Dover Kohl and Partners." Attorney Garganese added, "I would just like the record to reflect that they've been included as part ofthis Ordinance, in justifying this Ordinance." Shortly thereafter, Attorney Garganese added, "There will be some changes to the Town Center Master Plan. The purpose of adopting it is the findings and conclusions about the Town Center, and the need for the Town Center, and justifying the Town Center. Keep in mind - some of the maps will change, but it's the findings and conclusions that are important - the purposes of the record." Mayor Partyka opened the "Public Input" portion of this Agenda Item. Mr. Micky Grindstaff 20 North Orange Avenue, Suite 1001, Orlando, Florida: stated, "Just as a matter of the record, and being consistent with every comment we've ever had on any of these Ordinances, whether it's the Comp Plan Amendment, or the Town Center Ordinance 707, the Schrimsher Group respectfully opposes the passage ofthis Ordinance, or that Town Center Ordinance, unless, and until such time as an agreement - a companion agreement addressing the Schrimsher concerns is adopted at the same time. And in keeping with that, as far as the record, I have and would like to submit to each of you guys - this is the last submittal that I think will happen. I'd like to submit Volume V of the record, the keeping of the record that we've been able to maintain. This will be also inteljected into the next hearing, but, Volume V is a copy of the recorded transcript from the City Commission Workshop and Regular Meeting, dated March 27, 2000, and the City Commission Regular Meeting, dated April 10, 2000, which should probably be - should be referred to as April 10th and April 11 th, 2000." CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 11 of 16 Mr. Grindstaff then asked for "An extra copy of Exhibit 'A,' the one we've talked about" to be incorporated into the record by the Court Reporter. The "Public Input" portion of this Agenda Item was closed. "I'J[) LIKE TO MAKE A MOTION TO ADOPT THE LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (1-99) THROUGH ORDINANCE 2000-10, INCORPORATING - AS A PART OF THAT ADOPTION RECORD, THE COMMERCIAL DEVELOPMENT STUDY PERFORMED BY GIBBS GROUP IN 1998; AND THE TOWN CENTER MASTER PLAN REPORT AS AMENDED; COMPLETED BY DOVER, KOHL AND ASSOCIATES IN 1998." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. COMMISSIONER BLAKE ADDED, "THE ALTERATION TO THE MAP - THE REDUCTION OF THE AREA, TO INCLUDE THE CORRECTION OF THE COMPREHENSIVE PLAN MAP AREA TO REDUCE THE SIZE BY THE PORTION PRESENTED EARLIER, IN THE MEETING." Discussion ensued on the property in question. Mr. Schrimsher added, "The part of concern to us was the upland portion of the property, which was less than - a portion of an acre." Further discussion on the "reduction." VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. D. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For The Second Reading And Consideration Of Ordinance 2000-07 To Require A Six (6) Foot Wall Buffer Between Multi-Family And Single Family Developments And Between Commercial And Single Family And Multi-Family Developments. A Waiver Of The Wall Requirements Within The Town Center District May Be Approved As A Special Exception. The Waiver Provision Shall Not Apply To Developments Located On The Edge Of The Town Center District. Commissioner Blake stated, "Mr. Mayor, Point of Order. Prior to doing that, as it appears that we would be making an Amendment to this Ordinance, and I think that that amendment would probably be material, 1 think we probably would not be able to adopt this, this evening. Should we limit our discussion to what Amendment we need to make to it, and forward it to a third reading for adoption?" Discussion. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page ]2 of 16 Commissioner Martinez asked about the reference to "Tuscawilla PUD, Parcel 7 and 8." Brief discussion. Attorney Garganese stated, "Within the Town Center, a wall will be required between commercial and residential - and under limited circumstances, those limited circumstances are reflected in the Town Center Code, for such things as loading docks, service areas, trash disposal, etceteras." Attorney Garganese added, "Those specific commercial uses - adjacent to a residential area." Commissioner Blake asked that Attorney Garganese "Go through the Code, for the Ordinance as provided to us here, striking all references to the Town Center and inserting a new paragraph that says 'basically, exactly what you just said, for the Town Center, and include the language in there for the DRC, for those items.'" Commissioner Blake then said, "DRC has the ability to determine, yes it's required, here - no, it's not required there, for those types of externalities. And, Mr. Grindstaff, I think that is what we agreed?" Mr. Grindstaff stated, "Yes." Mayor Partyka then asked if the Commission was in agreement with those comments. "MR. MAYOR, I'D LIKE TO MAKE A MOTION TO POSTPONE THE ADOPTION OF ORDINANCE 2000-07, TO PROVIDE FOR THE TECHNICAL CORRECTIONS, REFERENCING WALLS, INTERNALLY ON THE TOWN CENTER, TO PROTECT AGAINST EXTERNALITIES ASSOCIATED WITH LOADING DOCK, TRASH RECEPTACLES AND SERVICE AREAS, AGAINST ADJOINING USES AND TO PRESERVE ADVERTISING FOR THIS TO AN ADOPTION HEARING AT THE NEXT MEETING, WHICH IS - MAY 8, 2000." MR. GRINDSTAFF MENTIONED, "ADJOINING RESIDENTIAL USES..." ATTORNEY GARGANESE ADDED, "ADJOINING RESIDENTIAL..." COMMISSIONER BLAKE THEN STATED, "RESIDENTIAL." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 13 of16 C. Community Development Department Requests The Commission Consider A Third Reading Of Ordinance 707 Adopting The Proposed Town Center District Boundary And Town Center District Code. Mayor Partyka stated "Community Development Department Requests The Commission Consider A Fourth Reading, Is that correct?. .Of Ordinance 707 Adopting The Proposed Town Center District Boundary And Town Center District Code." "I'D LIKE TO MAKE A MOTION TO POSTPONE THE ADOPTION HEARING OF ORDINANCE 707 - THE TOWN CENTER CODE, TO MAY 8TH, 2000 AT 6:30, TO PROVIDE FOR TECHNICAL CORRECTIONS OF THE MAP AND OTHER ASSOCIATED ITEMS, DISCUSSED THIS EVENING, AND ALSO TO PRESERVE ADVERTISING." MOTION BY COMMISSIONER BLAKE. SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. VI. REGULAR B. General Services Department Requests That The City Commission Designate A Time And Date For A Workshop To Evaluate And Discuss (A) Possible Changes To The Employee Pension Plan, And (B) The Contents Of A Salary Survey/Compensation Study. Mayor Partyka stated, "In our Workshop, there was a consensus that this should be held on May the 15th, 2000. If that's in agreement, I'd be looking for consensus again." The consensus of the Commission was to meet at 6:30 p.m., on Monday, May 15th, 2000. VII. REPORTS A. City Attorney - Anthony A. Garganese, Esquire No Report. B. City Manager - Ronald W. McLemore No Report (per Mr. Lockcuff). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 14of16 C. City Clerk - Andrea Lorenzo-Luaces The City Clerk mentioned that at the February 28, 2000 City Commission Meeting, the Commission agreed to hold two (2) more Workshops prior to the Regular Commission Meetings; which took us through the end of March; and the Commission was consulted for a consensus for both Regular Meetings in April. The City Clerk then asked if the Commission would like to consider this matter now? With consensus of the Commission, it was decided that no more Workshops would be held prior to the 6:30 p.m. Regular Meeting. D. Commission Seat II - Michael S. Blake No Report. E. Commission Seat III - Edward Martinez, Jr. Commissioner Martinez said, "I would like the City Manager to check this out, and give me a response, within the next 48 hours, about this item that I spoke about here, under Item "D," "Public Hearings," dated April 10, that was approved tonight; and why this Parcel 7 and 8 of the Tuscawilla is included in here, because, my understanding was that these people have withdrawn their application." Mr. Lockcuff stated that a written response will be provided. Commissioner Martinez asked about Ordinance Numbers 2000-04 and 2000-05, and that he is still interested in receiving a copy of both Ordinances. Attorney Garganese and City Clerk Lorenzo-Luaces both explained what had delayed Commissioner Martinez from getting the copies he had requested. Commissioner Martinez asked that the City Manager check with the Recycling Company as to why his recycling bin was not picked up this Friday, nor Saturday; and asked if residents could be notified in the future, when recycling was not being picked up. Commissioner Martinez said that he took "Serious exception" to the "Mayor Heaps Scorn" article; and suggested that the Mayor could have discussed this matter with the Commission. Brief discussion. Tape 2/Side A Commissioner Martinez read a letter into the record (See Attachment "A"). CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 15 of 16 F. Commission Seat IV - Cindy GenneU No report - however, Deputy Mayor Gennell commented on how nice the new "Tree Ordinance And Information Guide" was, and that the Beautification of Winter Springs Board was involved with this project. G. Commission Seat V - David McLeod COMMISSIONER McLEOD STATED, "I WOULD LIKE TO NOMINATE JOANNE KREBS" TO ANOTHER TERM ON THE CODE ENFORCEMENT BOARD. MOTION BY COMMISSIONER DAVID McLEOD. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. COMMISSIONER McLEOD STATED, "I WOULD LIKE TO REAPPOINT" KEN FURTH TO ANOTHER TERM ON THE CODE ENFORCEMENT BOARD. MOTION BY COMMISSIONER McLEOD. SECONDED. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE MOTION CARRIED. H. Commission Seat I - Robert S. Miller Absent. I. Office of the Mayor - Paul P. Partyka Mayor Partyka asked the Commission if they were interested in providing a donation of $1,000.00 to "Leadership Seminole." Discussion. Deputy Mayor Gennell mentioned that she did not receive a copy of this document from Leadership Seminole. "I WOULD MAKE A MOTION THAT WE DONATE $250.00 (DOLLARS) TOWARD THAT CAUSE." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - APRIL 24, 2000 Page 16of16 Mayor Partyka spoke of his Memorandum, dated April 21, 2000, that he sent to the Commission, and asked that the Commission consider his suggestions. Discussion. Commissioner Martinez commented on this matter and suggested that such matters be discussed with the Commission, and that everyone should work together. Mayor Partyka called a briefbreak at approximately 10:05 p.m. VIII. ADJOURNMENT With consensus of the Commission, Mayor Partyka adjourned the meeting at approximately 10: 11 p.m. Note: A birthday cake was then presented to Deputy Mayor Gennell, in honor of her Birthday. Respectfully Submitted By: Andrea Lorenzo-Luaces City Clerk APPROVED: PAULP. PARTYKA, MAYOR NOTE: These minutes were approved at the , 2000 City Commission Meeting.